형법 총론

제1편 서론

제1장│형법의 기본개념
제1절 형법의 의의····························································································· 3
제2절 형법의 기능···························································································· 4
제3절 형법이론 ································································································ 5
제4절 죄형법정주의··························································································· 7

제2장│형법의 적용범위
제1절 시간적 적용범위···················································································· 31
제2절 장소적 적용범위··················································································· 40
제1항 입법주의 / 40
제2항 형법의 태도 / 40
제3절 인적 적용범위······················································································· 46

제2편 범죄론

제1장│범죄론의 기초
제1절 범죄의 의의와 종류··············································································· 59
제1항 범죄의 개념 / 49
제2항 범죄의 성립요건·처벌조건·소추조건 / 49
제3항 범죄의 종류 / 52
제2절 행위론··································································································· 58
제3절 범죄체계론···························································································· 5

제2장│구성요건론
제1절 구성요건 이론······················································································· 60
제1항 서설 / 60
제2항 구성요건 요소 / 62
제2절 행위반가치와 결과반가치······································································ 64
제3절 범죄의 주체와 객체·············································································· 67
제1항 범죄(행위)의 주체 / 67
제2항 범죄(행위)의 객체와 보호의 객체 / 72
제4절 부작위범································································································ 73
제1항 서설 / 73
제2항 부작위범의 성립요건 / 76
제3항 부작위범의 처벌 / 83
제4항 관련문제 / 84
제5절 인과관계와 객관적 귀속이론································································· 87
제1항 인과관계 / 87
제2항 객관적 귀속이론 / 94
제6절 구성요건적 고의···················································································· 97
제1항 서설 / 97
제2항 고의의 본질과 내용 / 97
제3항 고의의 종류 / 100
제4항 고의의 존재시기 / 106
제7절 구성요건적 착오(사실의 착오) ····························································· 107
제1항 서설 / 107
제2항 구성요건적 착오의 종류 / 107
제3항 구성요건적 착오와 고의의 성부 / 108
제4항 관련문제 / 111
제8절 과실범·································································································· 112
제1항 서설 / 113
제2항 과실범의 성립요건 / 116
제3항 객관적 주의의무의 제한원리 / 120
제4항 관련문제 / 128
제9절 결과적 가중범····················································································· 129
제1항 서설 / 129 제2항 결과적 가중범의 성립요건 / 132
제3항 관련문제 / 136

제3장│위법성론
제1절 위법성의 일반이론··············································································· 139
제1항 서설 / 139
제2항 위법성조각사유 / 140
제2절 정당방위······························································································ 142
제1항 서설 / 142
제2항 정당방위의 성립요건 / 142
제3항 과잉방위와 오상방위 / 152
제3절 긴급피난······························································································ 155
제1항 서설 / 155
제2항 긴급피난의 성립요건 / 155
제3항 긴급피난의 효과와 특칙 / 160
제4항 과잉피난 / 160
제5항 의무의 충돌 / 161
제4절 자구행위······························································································ 163
제1항 서설 / 163
제2항 성립요건 / 163
제3항 자구행위의 효과 / 166
제5절 피해자의 승낙······················································································ 167
제1항 서설 / 167
제2항 피해자 승낙의 성립요건 / 169
제3항 피해자 승낙의 효과 / 173
제4항 추정적 승낙 / 173
제6절 정당행위······························································································ 176
제1항 의의 / 176
제2항 법령에 의한 행위 / 176
제3항 업무로 인한 행위 / 184
제4항 사회상규에 위배되지 않는 행위 / 189

제4장│책임론
제1절 책임이론······························································································ 199
제1항 서설 / 199
제2항 책임의 근거 / 200
제3항 책임의 본질 / 201
제2절 책임능력····························································································· 203
제1항 서설 / 203
제2항 책임무능력자 / 204
제3항 한정책임능력자 / 209
제4항 원인에 있어서 자유로운 행위 / 211
제3절 위법성의 인식····················································································· 215
제4절 법률의 착오(금지착오) ········································································ 218
제5절 위법성조각사유의 전제사실에 대한 착오의 효과································ 226
제6절 기대가능성·························································································· 230
제1항 서설 / 230
제2항 강요된 행위 / 235

제5장│미수론
제1절 범죄의 실현단계·················································································· 239
제2절 예비·음모죄······················································································ 240
제1항 서설 / 240
제2항 예비죄의 성립요건 / 241
제3항 예비죄의 처벌 / 244
제4항 관련문제 / 245
제3절 미수범의 일반이론·············································································· 247
제1항 서설 / 247
제2항 미수범의 체계와 처벌 / 248
제4절 장애미수····························································································· 250
제1항 의의 / 250
제2항 장애미수의 성립요건 / 250
제3항 처벌 / 260
제5절 중지미수······························································································ 261
제1항 의의 / 261
제2항 중지미수의 성립요건 / 261
제3항 처벌 / 265
제4항 공범과 중지미수 / 265
제6절 불능미수······························································································ 267
제1항 의의 / 267
제2항 구별개념 / 267
제3항 불능미수의 성립요건 / 269

제6장│정범 및 공범론
제1절 정범과 공범의 일반이론······································································ 273
제1항 공범의 분류 / 273
제2항 정범과 공범의 구별 / 277
제3항 공범의 종속성 / 279
제4항 공범의 처벌근거 / 281
제2절 공동정범이론······················································································· 282
제1항 서설 / 282
제2항 공동정범의 성립요건 / 284
제3항 공동정범의 처벌 / 297
제3절 간접정범····························································································· 302
제1항 간접정범의 개념 / 302
제2항 간접정범의 성립요건 / 302
제3항 처벌 / 307
제4항 관련문제 / 308
제4절 교사범·································································································· 311
제1항 서설 / 311
제2항 교사범의 성립요건 / 311
제3항 교사의 미수 / 316
제4항 교사의 착오 / 317
제5항 교사범의 처벌 / 319
제6항 관련문제 / 320
제5절 종범(방조범) ························································································ 321
제1항 서설 / 321
제2항 종범의 성립요건 / 321
제3항 종범의 처벌 / 330
제4항 종범의 착오 기타 / 331
제6절 공범과 신분························································································ 332
제1항 서설 / 332
제2항 제33조의 해석 / 334
제3항 소극적 신분과 공범 / 339

제7장│죄수론
제1절 죄수의 일반이론·················································································· 341
제1항 죄수론의 의의 / 341
제2항 죄수결정의 기준 / 341
제2절 일 죄··································································································· 344
제1항 서설 / 344
제2항 법조경합 / 344
제3항 포괄일죄 / 352
제3절 수 죄··································································································· 357
제1항 서설 / 357
제2항 상상적 경합 / 357
제3항 실체적 경합 / 363

제3편 형벌론

제1절 형벌의 종류························································································· 375
제1항 서설 / 375
제2항 사형 / 375
제3항 자유형 / 377
제4항 재산형 / 377
제5항 명예형 / 392

제2절 형의 양정(양형) ·················································································· 393
제1항 서설 / 393
제2항 형의 가중·감경·면제 / 394
제3항 형의 가중·감경례 / 400
제4항 양형의 조건 / 401
제5항 판결선고전 구금일수의 산입과 판결의 공시 / 402

제3절 누 범·································································································· 404
제1항 서설 / 404
제2항 누범가중의 요건 / 404
제3항 누범의 효과 / 408

제4절 형의 유예제도····················································································· 409
제1항 선고유예 / 409
제2항 집행유예 / 412
제3항 가석방 / 418

제5절 형의 시효와 소멸················································································ 422
제1항 형의 시효 / 422
제2항 형의 소멸·실효·복권·사면 / 424

제6절 보안처분····························································································· 426
제1항 보안처분의 일반론 / 426
제2항 보안처분의 종류 / 426
제3항 현행법상의 보안처분 / 427